State attorneys argued the measure's goal is to keep Georgia's children safe from sex offenders who attempt to work at churches and other spots where children gather.
U.S. District Judge Clarence Cooper did not issue an immediate decision, but his ruling will help resolve a growing litany of lawsuits targeting the strict sex offender law.
The main portion of the measure bans sex offenders from living, working or loitering within 1,000 feet of just about anywhere children gather. That includes schools, parks, gyms, swimming pools and the state's 150,000 school bus stops.
The measure, which supporters say is among the nation's toughest, was passed in 2006 at the urging of Republican leaders who vowed it will help protect Georgia's children and prevent the state from becoming a ``safe haven'' for sex offenders.
The Atlanta-based Southern Center for Human Rights and others have filed a slew of lawsuits over the past two years claiming the new law is far too restrictive. They contend it renders vast residential areas off-limits and could force some to abscond from the state's registry.
Legislators were already forced to retool the law this year after the Georgia Supreme Court ruled that the measure failed to protect the property rights of offenders.
And they may have to revisit the law during next year's legislative session after the Georgia court declared a part of the law unconstitutional because it fails to tell homeless offenders how they can comply.
Federal judges are also considering challenges targeting the school bus stop portion of the law and another provision that could evict offenders who live near churches.
Thursday's hearing focused on a new provision slipped into the law this year that bans sex offenders from volunteering at houses of worship. Doing so could risk a penalty of 10 to 30 years in prison.
The center's attorneys conceded that some of Georgia's roughly 16,000 sex offenders should be banned from working with children, but said that barring all of them from volunteer work could do more harm than good.
Attorney Gerry Weber said some sex offenders have been told its illegal to sing in a church choir, set up religious events, lead a bible study and even sing in an adult choir. One sex offender was prosecuted for playing piano at a church function, he said.
``These are acts required by their faiths,'' said Weber. ``All of these folks need and want as a matter of their faith to participate in these activities. And they can't.''
The state's attorneys contended the measure helps churches remain a ``place of safety and refuge,'' and suggested that critics had little hard evidence that the new rules threatened any protected religious activities.
``The volunteer provisions the defense is attacking aren't being enforced locally the way they say they're being enforced,'' said state attorney Devon Orland. ``Nobody is preventing them from going to church, going to choir, participating in communion, participating in prayer worship.''
But some offenders say they've been warned they could be slapped with fresh charges if they volunteer their time at their congregation.
Lori Sue Collins said she stopped serving as a volunteer minister after parole officers told her it was illegal to lend her time at churches around the state. She said the rules seem to contradict the message she learned in prison that faith leads to redemption.
``We need the community of faith and church to build us up when we get out,'' said Collins, who was put on the registry after she was convicted of statutory rape.
``I'm required by my faith to give back. I have to do these things, I'm compelled to do these things. And when I can't, it's depressing.''
http://accesswdun.com/article/2008/11/215216